Hadley v. Tankersley
Texas Supreme Court
Appeal from Harris. Suit by the appellant against the appellees for partition of a eerlain tract of laud. The plaintiff claimed title by virtue of a sale for taxes.
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Appeal from Harris. Suit by the appellant against the appellees for partition of a eerlain tract of laud. The plaintiff claimed title by virtue of a sale for taxes. His deed was made an exhibit, was dated the 27lh day of November, 1841, and recited that “Whereas the said Magnus T. Rogers, as sheriff aforesaid, and, as such, being the collector of public-taxes, by virtue of an execution issued by John Fitzgerald, a justice of the peace, against the estate of John W. N. A. Smith, for his taxes for the year 1S40, being'for the sum of one hundred and twenty-three dollars and six cents,” &c., &c.…
1Opinion of the Court
Hempi-iill, Ch. J.
The question raised m tins case is as to the legal effect of a deed executed by a sheriff upon a tax sale under the statute of 1S40. It is declared by tiie 25th section of the statute that “every sheriff who, as tax collector under this act, shall sell any real estate to satisfy any tax imposed by this law, shall make and execute to the purchaser or purchasers thereof a deed of conveyance immediately, which deed shall be good and effectual in law and in equity; ” and it is contended that by force of tiie provision that tiie deed shall be good and effectual both in law and…
2Cited by3 opinions
- Land v. BanksTexas Commission of Appeals · 1923
- Meredith v. CokerTexas Supreme Court · 1885
- Tate v. McGrawCourt of Appeals of Texas · 1934